Monthly Archives: February 2024
Defendant’s Petition for Nunc Pro Tunc is Denied
The Fifth District held that a nunc pro tunc order could not be used to award additional sentencing credit that the trial court had never previously granted. In People v. Bolton, 2023 IL App (5th) 230123-U, the Illinois Fifth District Appellate Court considered whether a defendant could use a nunc pro tunc order to… Read More »
Defendant Appeals Post-Conviction Relief Over Sex Crimes Committed Against Step Daughters
The case involved convictions for aggravated criminal sexual abuse and predatory criminal sexual assault of a child, followed by multiple appeals concerning ineffective assistance of counsel. In People v. Davis, 2016 IL App (4th) 140603-U, Timothy Davis was convicted following a bench trial of two counts of aggravated criminal sexual abuse involving his two… Read More »
Illinois Appellate Court Upholds Restrictions/Clarifies Limits on COVID-19 Lawsuits Filed Against Healthcare Facilities
The Illinois Supreme Court held that healthcare facilities may receive immunity from ordinary negligence claims when they were rendering assistance to the State during the COVID-19 pandemic, but the immunity does not extend to willful misconduct. During the COVID-19 pandemic, Illinois adopted special legal protections for certain healthcare providers and other entities assisting the… Read More »
Freight Broker Not Liable for $18M Truck Accident Verdict
An Illinois appellate ruling explains when a freight broker may or may not have an agency relationship with a trucking company involved in a serious crash. An Illinois appellate court reversed a judgment against a freight broker in a case involving a teenage boy who suffered a severe traumatic brain injury after being struck… Read More »
As of August 2023, Plaintiffs Can Recover Punitive Damages in Wrongful Death Lawsuits
An Illinois appellate ruling explains when a freight broker may or may not have an agency relationship with a trucking company involved in a serious crash. An Illinois appellate court reversed a judgment against a freight broker in a case involving a teenage boy who suffered a severe traumatic brain injury after being struck… Read More »
Illinois Man Files Lawsuit Against Apollo Theater After Roof Collapse
A lawsuit following the 2023 Apollo Theatre roof collapse raises questions about weather warnings, guest safety, and premises liability in Illinois. An Illinois man filed a lawsuit against the owners of the Apollo Theatre in Belvidere after he was injured when part of the theater’s roof collapsed during a tornado in March 2023. The… Read More »
Defendant Wins Appeal to Vacate Detention Order Under SAFE-T Act
The appellate court ruled that the State’s petition to detain a defendant charged with felony murder and armed robbery was untimely under Illinois pretrial-release law. An Illinois appellate court vacated a detention order in a case involving a defendant charged with felony murder and armed robbery. In People v. Mosley, 2023 IL App (5th)… Read More »
Defendant Wins Appeal to Strike Pretrial Release Order Under SAFE-T Act
People v. Cline involved a defendant who had been released on a $5,000 recognizance bond before the new Illinois pretrial-release provisions took effect. An Illinois criminal case involving the transition to the state’s new pretrial-release system raised questions about when prosecutors may seek to detain a defendant who was already released on bond. In… Read More »